Asked in Family Law for Georgia

Q: What are my rights to my child if still married?

My wife left with my son and now has dropped him off at his grandfather's and he his been there for about a month. I need to know if its legal for me to go get him?

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: Yes, it is legal for you to go get your son. As a father of a child born in wedlock, you are considered the natural guardian of your child and are entitled to exercise any and all parental authority over said child, even if it conflicts with the requests of the child's mother. Unless there is a pre-existing order granting the grandfather legal rights to the child (such as by an ordering granting the grandfather rights of visitation or appointing him as a guardian for the minor child), the grandfather does not have legal rights to the child and he can be held liable for interference with your custody rights if he seeks to withhold the child from you. Understand, however, that this advice is general in nature and your specific situation may be different. As such, it is critical that you contact a local family law attorney as soon as possible to discuss this matter in detail and determine the best course of action for resolving this dispute (and any other outstanding conflicts) as quickly, quietly, and inexpensively as possible.

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